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Summary Plan Document
PLAN AMENDMENT AND TERMINATION; INTERPRETATION OF PLAN
The Plan may be terminated by a document in writing adopted by the Trustees. The Plan may be terminated if, in the opinion of the Trustees, the Trust Fund is not adequate to carry out the intent and purpose of the Plan as stated in its Trust Agreement, or is not adequate to meet the payments due or which may become due under the Plan of Benefits. The Plan may also be terminated if there are no individuals living who can qualify as Employees or Beneficiaries under the Plan. Finally, the Plan may be terminated if there are no longer any Collective Bargaining Agreements requiring contributions to the Fund. The Fund is considered terminated under the law if it is amended to provide that no further benefits will be earned by employees for employment with Employers or is amended to become a defined contribution plan. The Trustees have complete discretion to determine when and if the Plan should be terminated.
If the Plan Terminates, you will not accrue (earn) any further benefits under the Plan. However, the benefits that you have already accrued will become vested, that is, nonforfeitable, to the extent your benefits can be funded by the Plan assets allocated to such benefits.
If the termination occurs because the plan is amended to provide that no further benefits will be earned by employees for employment with Employers or is amended to become a defined contribution plan, the Plan will continue to pay nonforfeitable benefits. If the Plan does not have sufficient assets to pay all nonforfeitable benefits, Employers will be required to contribute to the Plan until all nonforfeitable benefits are fully funded and can be paid.
If the Plan terminates because there are no longer any Collective Bargaining Agreements requiring contributions to the Fund, the Plan may be amended to reduce benefits to the extent necessary to ensure that the plan's assets are sufficient to pay nonforfeitable benefits when they are due. If the Plan has been amended and it does not have enough assets to pay nonforfeitable benefits, the Plan has the authority to suspend benefits. If benefits are suspended, the Plan will continue to pay the highest level of benefits which can be paid out of the Plan's available resources. If benefits are suspended, the Plan will not be required to make retroactive benefit payments for that portion of a benefit which was suspended.
Once the Plan assets and nonforfeitable benefits are valued, the Trustees, as a general rule, will use the available assets to purchase annuity contracts to provide for your benefits. However, if the Plan terminates because of an amendment, and the value of your nonforfeitable benefit attributable to employer contributions is less than $1,750.00, the Plan may pay you in cash if you consent to such payment.
If the Plan is terminated, the Trustees will: (a) pay the expenses of the Plan incurred up to the date of termination as well as the expenses in connection with the termination; (b) arrange for a final audit of the Plan; (c) give any notice and prepare and file any reports which may be required by law; and (d) apply the assets of the Plan in accordance with the law and the Plan of Benefits including amendments adopted as part of the termination until the assets of the Plan are distributed.
No part of the assets or income of the Plan will be used for purposes other than for the exclusive benefit of the Employees and the Beneficiaries or the administrative expenses of the Fund. Under no circumstances will any portion of the Plan revert or inure to the benefit of any contributing Employer, the Association or the Union either directly or indirectly.
Upon termination of the Plan, the Trustees will promptly notify the Unions, the Association, Employers, and all other interested parties. The Trustees will continue as Trustees for the purpose of winding up the affairs of the Plan.
In addition, the Trustees have complete discretion to amend or modify the Plan and any of its provisions, in whole or in part, at any time. This means that the Trustees can reduce, eliminate or modify benefits as well as improve benefits. The trustees may also modify length of coverage for all employees, dependents and retirees, and eligibility requirements for coverage.